Criminal Justice Reform

Justice Diverted? Prosecutorial discretion and the use of diversion schemes in Victoria

 

Diversion programs are theoretically available to all Victorians facing their first minor criminal charge. These programs give people the opportunity to be ‘diverted’ from the justice system and avoid a criminal record, with the opportunity to participate in rehabilitative programs and contribute to the community. It has been shown that participation in such programs reduces the likelihood of reoffending. However, a key barrier to being accepted into these programs is the requirement that the prosecution consent.

Where the prosecution refuse to consent to diversion, this decision is not made in open Court and cannot be subject to review. Such a lack of transparency creates great scope for inconsistency and prejudice, which detrimentally impacts minority groups.

Following research and consultations with key stakeholders over 12 months, we launched a report into the issue at an event as part of Law Week 2018.

  • Justice Diverted: Our Report

    Victoria Police informants and prosecutors
    hold absolute discretion when deciding whether
    or not to recommend an accused for a diversion
    program and whether to provide their consent.
    There is currently no guidance, legislative or
    otherwise, as to how that discretion should be
    exercised. Without appropriate guidance or oversight,
    individual police officers can adopt idiosyncratic
    and inconsistent decision-making practices
    vulnerable to bias and prejudice.

  • Letter: Hon Martin Pakula MP

    RAP led a chorus of voices to call on Martin Pakula to end prosecutorial discretion outlining our concern about the lack of transparency in decisions to grant access to diversion programs in Victoria.